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The process of establishing the Institute of Children's Ombudsman in the Czech Republic.
Otrošinová, Dominika ; Angelovská, Olga (advisor) ; Tušková, Eva (referee)
The diploma thesis maps a fifteen-year period of repeated and so far unsuccessful efforts to establish the office of the Ombudsman for Children in the Czech Republic. It divides this period into several stages, and for each of them looks for as many elements as possible that have influenced the given stage. Using the Multiple Streams Approach, it focuses on the phase of agenda-setting, finds the main actors of each period, and describes their approaches to setting the topic. It compares the individual stages with each other on the basis of the criteria with which the MSA works. It points, for example, to differences in the position of individual promoters or, conversely, to similar influences of individual streams. In conclusion, it proposes a set of recommendations for the future process, which are based on the analysis.
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The office of Ombudsman in the Czech Republic
Kuchariková, Alena ; Hofmannová, Helena (advisor) ; Kudrna, Jan (referee)
6 Abstract and key-word list The office of Ombudsman in the Czech Republic This thesis addresses the subject of a public defender of rights (PDR) in Czech Republic. Although it has proven itself to be an indispensable institution that contributes to a rightful administration of public affairs, public's awareness about this organization and its activities is relatively inadequate which leaves many aspects of the institution's responsibilities open to misinterpretation. The aim of this thesis is twofold first to provide an overview of the organization's activities and responsibilities to the public, further to propose the necessary alteration to the current law in order to enhance the efficacy and productivity of the abovementioned institute. Moreover to gain a comprehensive view of the public defender of rights, it is vital to specify its position among our legislature and to address its eventual embodiment in the constitution. This thesis comprises of 8 chapters, each of which deal with different aspects of the public's defender of rights position and work. The first chapter deals with the institution's founding, development and general definition of the public defender of rights institution. It is divided into three parts, the first of which contains a brief outline of the institution's establishment and...
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The legal status of ombudsman in the Czech Republic, the Slovak Repubic and the Sweden
Krajčinovská, Tereza ; Chvátalová, Iva (advisor) ; Spirit, Michal (referee)
The bachelor thesis titled The legal status of ombudsman in the Czech Republic, the Slovak Repubic and the Sweden analyzes the ombudsman institution in selcted countries and compares them afterwards. The work is divided into 5 chapters. The first chapter deals with the institution of ombudsman in general. The definitions, characteristics and important characteristics of ombudsman institutions in the world. The second, third and fourth chapter focuses on the institution of ombudsman in specific countries, in each country, this institution called otherwise. The fifth chapter compares the institutions in each country based on pre-selected criteria. The aim is to highlight the differences and compliance legislation in selected countries (Czech Republic, Slovak Republic, the Kingdom of Sweden), depending on the political, social-economic, cultural and other conditions and perform their evaluation.
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Protection of Rights in Public Administration
Plisková, Hana ; Sládeček, Vladimír (advisor) ; Průcha, Petr (referee) ; Kopecký, Martin (referee)
1 Abstract The public administration itself is bound by applicable legal provisions. Therefore, in case of breach of individual rights stemming from the legal system of the Czech Republic, every person is guaranteed a strict legal procedure with corresponding legal mechanisms, which aim to remedy the status caused by unlawful action or inaction of the public administration. The object of this dissertation focuses, in particular, on analysis of individual means of protection of rights in public administration (i.e. the issue of the protection of public subjective rights) and their mutual relationships between them at level of legal regulation de lege lata. However, certain space had to be dedicated also to the procedures of public administration in matters related to private subjective rights as even the public administration decides on certain matters of private law. As regards the protection of private rights by public administration I mentioned the dualism of the review of decisions of public bodies and certain examples of public administration deciding on matters of private subjective rights. Further I stressed the issue of civil liability related to the conduct of public administration, i.e. liability for damages caused by unlawful decision and unlawful procedure. Pursuant to the act on liability for...
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The Public Defender of Rights as a Gender Equality Body
Diepoldová, Denisa ; Havelková, Hana (advisor) ; Havelková, Barbara (referee)
Diploma thesis "The Public Defender of Rights as a Gender Equality Body" explores the jurisdiction of the ombudsman in the area of equal treatment and prohibition of discrimination (so-called Equality Body). The main focus of the work is the equality of men and women. The methodology used is theoretical-analytical legal analysis. The work starts with a theoretical analysis of basic terms and concepts relating to equal treatment and prohibition of discrimination. The institution and activities of the ombudsman are also defined in theory. This is followed by a legal analysis of three types. The first one is a procedural analysis of anti-discrimination laws (method of their enactment, past, present and proposed laws). This is followed by an institutional analysis of the Czech Equality Body and the impact of the ombudsman in the area of equal rights. The analytical research is concluded with a substantive legal analysis of selected cases decided by the ombudsman. Methods of feminist legal analysis have been predominantly used for the purposes of the analytical research. A wide area of the subject matter has been explored by use of this examination, which has produced a number of conclusions as well as a complete overview of the activities of the Equality Body in the Czech Republic. Possible changes,...
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The legal status of sentenced to a term of imprisonment
Tučková, Miroslava ; Tlapák Navrátilová, Jana (advisor) ; Herczeg, Jiří (referee)
This thesis deals with the legal status of persons serving prison from the perspective of selected areas of their fundamental rights. Analyzed areas include the right to protection from torture, cruel, inhuman or degrading treatment, the right to protection of health and to free medical care, the right to be protected from any unauthorized intrusion into one's private and family life and the right to participate in the administration of public affairs through active and passive voting rights. The theory includes institutional guarantees ensuring compliance with these rights and the relevant recommendations of international organizations. Practically oriented casuistic section of the thesis is based on the direct experience gained during authoress' internship at the Czech Helsinki Committee, non- governmental human rights organization based in Prague since 1988.
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Protection of Rights in Public Administration
Plisková, Hana ; Sládeček, Vladimír (advisor) ; Průcha, Petr (referee) ; Kopecký, Martin (referee)
1 Summary The public administration itself is bound by applicable laws rules. Therefore, in case of breach of individual rights stemming from the legal system of the Czech Republic, every person is guaranteed a strictly legal procedure with corresponding legal mechanisms, which aim to remedy of status cause by unlawfull action or inaction of the public administration. Moreover, if conditions laid down by European Convention on the Protection of Human Rights and Fundamental Freedoms are met, an individual has a right to apply to the European Court of Human Rights (Strasbourg) for a revision of a challenged act of public administration, which is considered to be as a final and conclusive from the point of view of national law. The object of this Thesis focuses, in particular, on analysis of individual means of protection of rights in public administration and their mutual relationships between them at level of legal regulation de lege ferenda. Also, it cannot be disregarded the assessment of effect of courts' decisions or doctrine, including stating own knowledge based on the practice particularly in the area of administrative law. The Thesis focuses on the issue of the protection of individual public rights. As a consequence, legal means designed to provide protection of law in objective sense (that is...
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The office of Ombudsman in the Czech Republic
Kuchariková, Alena ; Hofmannová, Helena (advisor) ; Kudrna, Jan (referee)
6 Abstract and key-word list The office of Ombudsman in the Czech Republic This thesis addresses the subject of a public defender of rights (PDR) in Czech Republic. Although it has proven itself to be an indispensable institution that contributes to a rightful administration of public affairs, public's awareness about this organization and its activities is relatively inadequate which leaves many aspects of the institution's responsibilities open to misinterpretation. The aim of this thesis is twofold first to provide an overview of the organization's activities and responsibilities to the public, further to propose the necessary alteration to the current law in order to enhance the efficacy and productivity of the abovementioned institute. Moreover to gain a comprehensive view of the public defender of rights, it is vital to specify its position among our legislature and to address its eventual embodiment in the constitution. This thesis comprises of 8 chapters, each of which deal with different aspects of the public's defender of rights position and work. The first chapter deals with the institution's founding, development and general definition of the public defender of rights institution. It is divided into three parts, the first of which contains a brief outline of the institution's establishment and...
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A Comparison of the Ombudsman Institute in Northern Europe and the Public Defender of Rights in the Czech Republic
Kostelecká, Karolína ; Matula, Miloš (advisor) ; Pěkná, Jitka (referee)
This diploma thesis creates a general model of the Ombudsman Institution in Northern Europe and draws a comparison to the Public Defender of Rights in the Czech Republic. This thesis introduces a theoretical framework of this topic including definitions for control of public administration, ombudsman, classification of ombudsmen and historical evolution of this institution in selected countries. Based on the analysis of legislation in Sweden, Finland and Denmark, the general model of the ombudsman institution in Northern Europe is created. The comparison between this general model and the Public Defender of Rights Institution brings recommendations for Czech modifications. These recommendations include anchoring ombudsman institution in the Constitution of the Czech Republic, specifying education requirements of the ombudsman in the Public Defender of Rights Act, or increasing the number of ombudsmen, thereby dividing responsibility among several people specialized in certain areas.
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The comparison of the concept of ombudsman in selected countries of the European Union
Škařupová, Aneta ; Mitwallyová, Helena (advisor) ; Matula, Miloš (referee)
This bachelor thesis deals with the institution of the Ombudsman of the Czech Republic and it focuses on the comparison of the institution with the selected foreign institutions with the same character of activities at the European Union level. The theoretical part describes the general characteristics of the institution and anchoring of institution in the legal system of reporting countries, with regard to the independence of the Ombudsman that promotes effective control of public administration. The practical part deals with measuring the effectiveness of selected offices by using the benchmarking method. Based on the analysis, we can say that the Ombudsman's Office in the Czech Republic is justified. Citizen´s confidence in the Public Defender of Rights has been increasing recently and it is comparable with the confidence of citizens of Denmark or Portugal.
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